Considerations on the Negroe cause commonly so called: Addressed to the Right Honourable Lord Mansfield, lord chief justice of the Court of King's Bench, &c.Estwick, Samuel
Philosophy
Considerations on the Negroe cause commonly so called: Addressed to the Right Honourable Lord Mansfield, lord chief justice of the Court of King's Bench, &c.
Estwick, Samuel
Slavery -- Law and legislation -- Great Britain; Slavery -- Legal status, laws, etc. -- Great Britain
The following _is said_ to be the substance of Lord Mansfield’s
speech in the case of Somerset and Knowles: “We pay due attention to
the opinion of Sir Philip Yorke and Mr. Talbot in the year 1729, by
which they _pledged_ themselves to the British Planters for the legal
consequences of bringing Negroe-slaves into this kingdom, or their
being baptized;” which opinion was repeated and recognized by Lord
Hardwick, sitting as Chancellour, on the 19th of October 1749, to the
following effect: He said, “that Trover would lay for a Negroe-slave:
that a notion prevailed, that if a slave came into England, or
became a Christian, he thereby became emancipated; but there was no
foundation in law for such a notion: that when he and Lord Talbot
were Attorney and Solicitor General, this notion of a slave becoming
free by being baptized prevailed so strongly, that the Planters
industriously prevented their becoming Christians: upon which their
opinion was taken; _and upon their best consideration they were both
clearly of opinion_, that a slave did not in the least alter his
situation or state towards his Master or _Owner_, either by being
christened, or coming to England: that though the statute of Charles
II. had abolished Tenure so far, that no man could be a _Villein
regardant_; yet if he would acknowledge himself a _Villein_ engrossed
in any Court of Record, he knew of no way by which he could be
entitled to his freedom, without the consent of his Master. We feel
the force of the inconveniences and consequences that will follow
the decision of this question: yet all of us are so clearly of one
opinion upon the _only_ question before us, that we think we ought
to give judgment without adjourning the matter to be argued before
all the judges, as usual in the Habeas Corpus, and as we at first
intimated an intention of doing in this case. The only question then
is, _Is the Cause returned sufficient for the remanding him? If not_,
he must be discharged. The Cause returned is, the _slave_ absented
himself and departed from his master’s service, and refused to return
and serve him during his stay in England; whereupon, by his master’s
orders, he was put on board the ship by force, and there detained in
secure custody, to be carried out of the kingdom and sold. So high
an act of dominion must derive its authority, if any such it has,
from the law of the kingdom _where_ executed. A foreigner cannot
be imprisoned _here_ on the authority of any law existing in his
own country. The power of a master over his servant is different
in all countries, more or less limited or extensive; the exercise
of it therefore must always be regulated by the laws of the place
where exercised. The state of slavery is of such a nature, that it
is incapable of being now introduced by Courts of Justice upon mere
reasoning, or inferences from any principles natural or political;
it must take its rise from positive law; the origin of it can in no
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account